No. 113.1
No. 113.1
ROSE TREE MEDIA
SCHOOL DISTRICT
SECTION:
SECTION:
TITLE:
TITLE:
PROGRAMS
PROGRAMS
DISCIPLINE OF STUDENTS
WITH DISABILITIES
DISCIPLINE
OF STUDENTS
WITH DISABILITIES
ADOPTED: February 1, 2011
ADOPTED:
REVISED:
April 24, 2014
REVISED:
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES
1. Purpose
Title 22
Sec. 14.133
Pol. 113, 113.2
Title 22
Sec. 14.133,
14.143
34 CFR
Sec. 300.530
Pol. 218, 233
2. Definitions
Pol. 113
The district shall develop and implement positive Behavior Support Plans and
programs for students with disabilities who require specific interventions to address
behaviors that interfere with learning.
Students with disabilities who violate the Code of Student Conduct, or engage in
inappropriate behavior, disruptive or prohibited activities and/or actions injurious to
themselves or others, which would typically result in corrective action or discipline
of students without disabilities, shall be disciplined in accordance with state and
federal laws and regulations and Board policy and, if applicable, their Individualized
Education Program (IEP) and Behavior Support Plan.
Students with disabilities - school-aged children within the jurisdiction of the
district who have been evaluated and found to have one or more disabilities as
defined by law, and who require, because of such disabilities, special education and
related services.
Title 22
Sec. 12.6
Pol. 233
Suspensions from school - disciplinary exclusions from school for a period of one
(1) to ten (10) consecutive school days.
Title 22
Sec. 12.6
Pol. 233
Expulsions from school - disciplinary exclusions from school by the Board for a
period exceeding ten (10) consecutive school days and may include permanent
exclusion from school.
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530(g)
Interim alternative educational settings - removal of a student with a disability
from his/her current placement. Interim alternative educational settings may be used
by school personnel for up to forty-five (45) school days for certain infractions
committed by students with disabilities. The IEP team shall determine the interim
alternative educational setting; however, this does not constitute a change in
placement for a student with a disability.
Page 1 of 5
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 2
3. Authority
Title 22
Sec. 14.143
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530
The Board directs that the district shall comply with provisions and procedural
safeguards of the Individuals With Disabilities Education Act (IDEA) and federal
and state regulations when disciplining students with disabilities for violations of
Board policy or district rules or regulations. No student with a disability shall be
subjected to a disciplinary change in placement if the student’s particular misconduct
is a manifestation of his/her disability. However, under certain circumstances a
student with a disability may be placed in an interim alternative educational setting
by school personnel or the IEP team could, if appropriate, change the student’s
educational placement to one which is more restrictive than the placement where the
misconduct occurred.
Provision Of Education During Disciplinary Exclusions
Title 22
Sec. 12.6(e)
20 U.S.C.
Sec. 1412(a)
34 CFR
Sec. 300.530(b),
(d)
4. Guidelines
Title 22
Sec. 12.6, 14.143
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530,
300.536
During any period of expulsion, or suspension from school for more than ten (10)
cumulative days in a year, or placement in an interim alternative educational setting
for disciplinary reasons, a student with a disability shall continue to receive a free
and appropriate education, in accordance with law.
Suspension From School
A student with a disability may be suspended for ten (10) consecutive and fifteen
(15) cumulative days of school per school year, for the same reasons and duration as
a student without a disability. Such suspension shall not constitute a change in the
student’s educational placement.
Changes In Educational Placement/Manifestation Determinations
Title 22
Sec. 14.143
34 CFR
Sec. 300.530
For disciplinary exclusions which constitute a change in educational placement, the
district shall first determine whether the student’s behavior is a manifestation of
his/her disability. Expulsion, or exclusion from school for more than fifteen (15)
cumulative days in a year, or patterns of suspensions for substantially identical
behaviors constitutes changes in educational placements requiring a manifestation
determination. For students with mental retardation, any disciplinary suspension or
expulsion is a change in educational placement.
Page 2 of 5
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 3
Title 22
Sec. 14.143
34 CFR
Sec. 300.530(c)
Pol. 218, 233
A student with a disability whose behavior is not a manifestation of his/her disability
may be disciplined in accordance with Board policy, district rules and regulations in
the same manner and to the same extent as students without disabilities.
Parent/Guardian Appeals From Disciplinary Actions/Request For Hearing By
District For Students Who Are A Danger To Themselves Or Others
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.532
A due process hearing may be requested by a parent/guardian of a student with a
disability who disagrees with a disciplinary placement or manifestation
determination, or by the district if the district believes that the current placement is
substantially likely to result in injury to the student or others. On parent/guardian
appeal, or when the district requests a due process hearing, the hearing officer may
return the student to the placement from which s/he was removed or order his/her
removal to an appropriate interim alternative educational setting for up to forty-five
(45) school days if the hearing officer determines that maintaining the child’s current
placement is substantially likely to result in an injury to the student or others.
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.533
Placement during appeals of disciplinary actions shall be in the interim alternative
educational setting pending the decision of the hearing officer or expiration of the
time period set for the disciplinary exclusion from the student’s regular placement
unless the district and the parent/guardian agree otherwise.
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.534
Students who have not been identified as disabled may be subject to the same
disciplinary measures applied to students without disabilities if the district did not
have knowledge of the disability. If a request for evaluation is made during the
period the student is subject to disciplinary measures, the evaluation shall be
expedited.
Page 3 of 5
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 4
Administrative Removal To Interim Alternative Educational Setting For Certain
Infractions
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530(g)
School personnel may remove a student with a disability, including mental
retardation, to an interim alternative educational setting for not more than forty-five
(45) school days without regard to whether the behavior is determined to be a
manifestation of the student’s disability if the student:
18 U.S.C.
Sec. 930
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530(i)
Pol. 218.1
1. Carries a weapon to or possesses a weapon at school, on school property, or at
school functions under the jurisdiction of the district. For purposes of this
provision, weapon is defined as a weapon, device, instrument, material, or
substance, animate or inanimate, that is used for, or is readily capable of, causing
death or serious bodily injury, except that such term does not include a pocket
knife with a blade of less than two and one-half (2 ½) inches in length.
20 U.S.C.
Sec. 1415(k)
21 U.S.C.
Sec. 812(c)
34 CFR
Sec. 300.530(i)
Pol. 227
2. Knowingly possesses or uses illegal drugs, as defined by law, or sells or solicits
the sale of a controlled substance, as defined by law, while at school, on school
property, or at school functions under the jurisdiction of the district.
18 U.S.C.
Sec. 1365(h)(3)
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.530(i)
3. Has inflicted serious bodily injury upon another person while at school, on
school property, or at school functions under the jurisdiction of the district. For
purposes of this provision, serious bodily injury means bodily injury which
involves a substantial risk of death, extreme physical pain, protracted and
obvious disfigurement, or protracted loss or impairment of the function of a
bodily member, organ or mental faculty.
Referral To Law Enforcement And Reporting Requirements
SC 1302.1-A
20 U.S.C.
Sec. 1415(k)
34 CFR
Sec. 300.535
The district shall report crimes committed by a student with a disability to the
appropriate authorities in the same manner as it reports crimes committed by
students without disabilities and in accordance with applicable law.
Page 4 of 5
113.1. DISCIPLINE OF STUDENTS WITH DISABILITIES - Pg. 5
20 U.S.C.
Sec. 1415(k)(6)
34 CFR
Sec. 300.535
Pol. 216
5. Delegation of
Responsibility
SC 1303-A
Pol. 218.1, 218.2,
222, 227
When reporting a crime committed by a student with a disability to the appropriate
authorities, the district shall ensure that copies of the special education and
disciplinary records of the student are transmitted for consideration by these
authorities. The district shall transmit copies of the student’s special education and
disciplinary records only to the extent that the transmission is permitted by the
Family Educational Rights and Privacy Act.
The Superintendent shall report incidents committed by students with disabilities to
the Office of Safe Schools in accordance with Board policy, law and regulations.
References:
School Code – 24 P.S. Sec. 510, 1302.1-A, 1303-A
State Board of Education Regulations – 22 PA Code Sec. 12.6, 14.133, 14.143
Crimes Code, Possession of Firearms and Dangerous Weapons –
18 U.S.C. Sec. 930
Crimes Code, Definition, Serious Bodily Injury – 18 U.S.C. Sec. 1365(h)(3)
Individuals With Disabilities Education Act – 20 U.S.C. Sec. 1400 et seq.
Controlled Substances Act – 21 U.S.C. Sec. 812
Individuals With Disabilities Education, Title 34, Code of Federal Regulations –
34 CFR Part 300
Board Policy – 113, 113.2, 113.4, 216, 218, 218.1, 218.2, 222, 227, 233
Page 5 of 5